The Hon’ble Supreme Court took Suo-moto cognizance of the rape and murder of a Doctor in RG Kar Hospital in Kolkata titled as In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues. and the Hon’ble bench pronounced its verdict on 20.8.2024.
The Bench comprised of CJI DY Chandrachud, HMJ JB Pardiwala and HMJ Manoj Misra.
Reason of suo-motu cognisance:
“The reason why we have decided to take this Suo-moto matter is because this is not a matter related to a particular murder which took place in a hospital in Kolkata. It raises systemic issues related to the safety of doctors across India,…”
“First, on matters of safety, we are deeply concerned about the virtual absence of conditions of safety for young doctors in public hospitals, especially women doctors who are more vulnerable because of the nature of work and gender.
Therefore we must evolve a national consensus. There must be a national protocol to create safe conditions of work. If women cannot go to a place of work and feel safe, we are denying them equal opportunity. We have to do something right now to ensure that the conditions of safety are enforced,”
CJI DY Chandrachud
Intervention of Association of Medical Consultants of India (FAMCI)
The aforesaid FAMCI filed an intervention in the Suo-moto case being taken by the Hon’ble Court. The intervenors submitted the raising safety concerns for the medical workers in hospital across the country in the light of the absence of any centralized laws.
The Hon’ble Court’s findings:
State laws not sufficient:
The bench observed that while several states, including Maharashtra, Kerala, and Telangana, have enacted state laws to address violence against medical professionals, these laws fail to adequately address the shortcomings in institutional safety standards.
National Task Force:
The Hon’ble CJI announced that the Court is forming a “National Task Force” (NTF) comprised of medical professionals from across the country. The NTF will be responsible for recommending nationwide protocols to ensure the safety and well-being of healthcare workers.
The Hon’ble Court noted that the NTF will also consider the following issues:
- Medical professionals on night duty are not provided with adequate rest facilities, and there are no separate duty rooms for male and female staff.
- Interns, residents, and senior residents are required to work 36-hour shifts, often in conditions lacking basic hygiene and sanitation.
- The absence of security personnel at hospitals is more common than not.
- Healthcare professionals do not have sufficient access to proper toilet facilities.
- Accommodation for medical professionals is often located far from the hospitals, with inadequate transportation services.
- There is either an absence or insufficient functionality of CCTV cameras for hospital monitoring.
- Patients and their attendants have unrestricted access to all areas within the hospital.
- There is a lack of screening for arms and weapons at hospital entrances.
- Certain areas within the hospital are poorly lit and dingy.
Composition of NTF
The bench ordered the creation of a ten-member National Task Force, led by Surgeon Vice Admiral Arti Sarin, AVSM, VSM, Director General Medical Services (Navy). The National Task Force is assigned to make recommendations concerning the safety, working conditions, and well-being of medical professionals. The Task Force must submit an interim report within three weeks and a final report within two months.
Court Appeals for Doctors to Resume Duties
In its order, the Court appealed to the protesting doctors across the country to resume their duties. The Court emphasized that, as it has now addressed the concerns regarding the safety of medical professionals, those participating in the protests should refrain from continuing their absence from work.
Slammed West Bengal Police
The Hon’ble CJI expressed grave concerns about the widespread dissemination of the victim’s name, photographs, and video clips of the deceased in the media, describing it as “extremely concerning.” Senior Advocate Kapil Sibal, representing the State of West Bengal, submitted that the photos were taken and circulated before the police arrived.
The Hon’ble Court questioned the State regarding the conduct of the hospital’s Principal, the delay in registering the FIR, and the vandalism at the hospital during a public protest on August 14.
The Hon’ble CJI highlighted that after the crime was discovered in the early morning, the Principal initially suggested it was a suicide, and the parents were not allowed to see the body for several hours. Sibal refuted this, stating the State would provide a full record of the facts.
In furtherance, the Hon’ble CJI also questioned why the Principal was given charge of another hospital after resigning from RG Kar Hospital. The bench then raised concerns about the timing of the FIR. Sibal explained that an “Unnatural Death” case was registered immediately, denying any delay in filing the FIR.
However, CJI noted that although the autopsy was conducted between 1 PM and 4:45 PM, the FIR was registered only at 11:45 PM, after the body was handed over to the parents at around 8:30 PM for cremation. Sibal clarified that the FIR was based on the victim’s family’s complaint.
Solicitor General Raises Concerns Over Police Inaction and Multiple FIRs
Solicitor General of India Tushar Mehta argued that a mob of 7,000 people could not have gathered without the knowledge or involvement of the police. The bench, in its order, expressed its inability to understand how the authorities failed to control the vandalism. The Solicitor General further contended that the root of the problem lies in the West Bengal police being led by a DIG-in charge who is himself facing various allegations, a claim which was refuted by Senior Advocate Kapil Sibal.
Sibal informed the Court that over 50 FIRs have been registered regarding the vandalism incidents, with 37 individuals already arrested. In response, the Solicitor General expressed surprise at the number of FIRs, suggesting that this approach might hinder a thorough investigation.
SC Directs State to Refrain from Coercive Action Against Peaceful Protesters
The Court advised the State to refrain from taking coercive actions against individuals participating in peaceful protests or expressing their views through media and social media. Senior Advocate Kapil Sibal noted that a significant amount of misinformation is being circulated in the media regarding the case, and clarified that the State’s actions were targeted solely against those spreading such false information.
“We expect that the Govt of WB shall observe necessary restraint in the face of peaceful protests being conducted by any quarter of the society bearing on the issues which form the subject matter of the incident in Kolkata.”
The Hon’ble Court
The Hon’ble SC Takes Serious Note of Threats to Women Doctors; Orders CISF Security
During the hearing, Senior Advocate Aparajita Singh, representing the organization “Protect the Warriors,” informed the bench that after the vandalism incident on August 14, a mob returned to the medical college hospital and threatened women doctors, warning them they would face the same fate as the rape victim if they reported the incident. Singh highlighted that one “brave doctor” had lodged a complaint with the police via email and provided a copy to the bench, which the Court took seriously.
Chief Justice of India DY Chandrachud expressed deep concern that the mob called the women doctors by name and threatened them with violence. CJI questioned why the police fled the scene. Justice Pardiwala, also on the bench, raised doubts about whether the same police could be trusted to protect the doctors. In response, CJI stated that the Court would order the Central Industrial Security Force (CISF) to provide security to the hospital and hostel, a move to which the State had no objection.
The Court recorded that, out of the 700 doctors who were present at the RG Kar hostel, only 30-40 females and 60-70 males remained after the vandalism. The Court invited any doctor with safety concerns to email the Registrar Judicial of the Supreme Court.
Additionally, the Court directed the Central Bureau of Investigation (CBI) to file a status report on the investigation by Thursday, August 22, and instructed the State of West Bengal to submit a status report on the acts of vandalism.
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